HERITAGE RESORTS AND HOTELS, CLUB HERITAGE INTERNATIONAL, HERITAGE SALES LIMITED AND NORMAN ANDERSON TO BE INVESTIGATED BY THE FINANCIAL CONDUCT AUTHORITY

Here at Praetorian Legal we represent many owners of holiday products with Heritage Resorts, whose main point of contact is a Mr Norman Anderson. In fact, Norman Anderson appears to be the only point of contact at Heritage Resorts.

Following on from our press release on the 17 November 2017, which can be seen here, we highlighted the way in which of Heritage Resorts and Norman Anderson operate.

A cursory search of the term ‘Norman Anderson Heritage Resorts’ in Google will provide an insight into the sort of man that Mr. Anderson is. He is often reported to be contacting Heritage Club owners, speaking to them in a Menacing tone, trying to intimidate owners into paying maintenance fees, all after we have served a ‘unilateral notice of termination’ on behalf of our clients.

We can, however, report here that we have recently come into contact with Heritage Club owners whose purchase was financed by way of Barclays Partner Finance agreement. Upon further investigation of the finance provider and, having contacted the Financial Conduct Authority (FCA), it has been confirmed to us that:

Heritage Resorts, nor any of their subsidiary companies, are authorised or regulated by the FCA to undertake or broker the selling of financial agreements.

However, we have Heritage Resort owners whose finance agreements were brokered by Heritage Sales Limited.

Pursuant to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (“RAO”), where a Heritage Resorts owner has been introduced to a lender by Heritage Sales Limited, for the purpose of arranging credit to purchase a Heritage Resorts product or service, this constitutes a regulated activity of ‘credit broking’, as defined under Article 36A of the (RAO). Under Section 19 of the Financial Services and Markets Act 2000 (the ‘Act’) the Broker, Heritage Sales Limited, was not an authorised or an exempt person under the Act and was, therefore, brokering credit in Breach of section 19 of the Act (the ‘general prohibition’).

The above has been confirmed in writing to ourselves by the FCA, who have asked us to submit further details of Heritage Resorts owners whose timeshare purchase has been financed by way of a regulated finance agreement, as there is now a full investigation underway into Heritage Resorts breaches of the above regulations. If the FCA find that Heritage Resorts are in breach of the Act, then it would mean that any Heritage Resorts owner who made their purchase by way of a regulated finance agreement, under Section 27 (1a) of the Act, will find that their agreement is unenforceable.

Section 27(2) of the Act allows the ‘other party’ to recover: (a) any money or other property paid or transferred by him under the agreement; and (b) compensation for any loss sustained by them as a result of having parted with it.

IF YOU ARE A HERITAGE RESORTS OWNER AND YOU FINANCED YOUR TIMESHARE BY WAY OF A CREDIT AGREEMENT THEN ACT NOW. CONTACT US IMMEDIATELY TO FIND OUT IF YOU CREDIT AGREEMENT IS UNENFORCEABLE AND IF YOU ARE DUE COMPENSATION.

EVEN IF YOU DON’T HAVE A FINANCE AGREEMENT, BUT WANT TERMINATE YOUR HERITAGE RESORTS TIMESHARE, WE CAN HELP. DON’T DELAY CONTACT NOW. THE SOONER YOU DO, THE SOONER YOU WILL BE MAINTENANCE FEE FREE.